Louisiana
The Department of Health (LDH) announced that Mercer will be conducting a mandatory cost of dispensing survey in mid-April 2018.
Also in Louisiana…LDH is hosting public forums across the state to solicit input on the Medicaid Managed Care program adopted in 2012.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Mississippi
SB 2296, sponsored by Sen. Dean Kirby(R), was signed by Gov. Phil Bryant (R) on March 5. Effective Tuesday, January 1, 2019, this bill requires any health plan that provides coverage for prescription drugs to permit and apply a pro-rated daily cost-sharing rate to prescriptions dispensed by a network pharmacy for a partial supply if the prescribing provider or pharmacist determines the fill or refill is in the best interest of the enrollee and the enrollee requests or agrees to a partial supply. The bill also prohibits health plans from denying coverage for partial fills as authorized by the measure and prohibits pro-rated dispensing fees.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Washington
Engrossed Substitute—ESHB 1047—has been signed by Gov. Jay Inslee (D), creating a statewide, voluntary, drug take-back program, funded by manufacturers. The newly enacted legislation also includes local pre-emption and sunsets in 2029.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
West Virginia
The West Virginia Legislature adjourned last week, with several bills of interest to pharmacy headed to the Governor’s desk for signature:
- HB 4079 authorized a bundle of pharmacy rules, including those related to the Controlled Substance Monitoring Program, pharmacy technician registration, the Uniform Controlled Substances Act, immunizations and centralized and remote prescription processing. This bill was effective on March 9, the date of its passage.
- HB 4524 establishes guidelines for the substitution of biologic drugs
- HB 4025 allows reciprocity for pharmacy technician licensure.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
California
NACDS and the California Retailers Association are seeking clarification from the Board of Pharmacy on inventory reconciliation reporting requirements scheduled to be implemented on Sunday, April 1.
Also in California…EZIZ is the e-learning and resource website for California’s VFC (Vaccines for Children) Program. It offers an online toolkit with information and resources for pharmacists providing immunization services. The website is operated by the California Department of Public Health and includes a Pharmacy Resources webpage. The link is also on the Vaccinations webpage at the Board of Pharmacy website.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
New York
Both the Assembly and the Senate reacted this week to the governor’s budget proposal that would impose a tax on opioids sold in the state. Although characterized as a tax on manufacturers, the proposal would in many cases be a tax on pharmacy since it would require that the establishment that makes the first sale of the product in New York to pay the tax with no ability to pass it on. Given that pharmacies often make the first sale, this proposal would greatly impact pharmacies. Fortunately, while the Assembly’s budget proposal does retain the governor’s opioid tax, it specifies that for calculating the first sale for tax purposes, the state cannot include any sales to pharmacies. The Senate budget proposal totally eliminates the tax proposal. This issue will now go to a conference of the Assembly, Senate and the governor’s office to be resolved before the Sunday, April 1 budget deadline.
Also in New York…After a year of discussions with Medicaid staff, numerous meetings with legislative leadership and key Administration staff, as part of the New York State budget proposal, the Governor recommended an eight-cent increase in the Medicaid fee-for-service professional dispensing fee raising the fee from $10.00 to $10.08. This week, both the Assembly and the Senate concurred with the increase.
For more information, please contact NACDS’ Mike Sargent at 207-272-6435.
Oklahoma
HB 2931, legislation NACDS and a broad coalition support that would phase-in a mandate for e-prescribing of all controlled substances, passed the House and was referred to the Senate for consideration.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Texas
The Health and Human Services Commission that oversees Medicaid is reminding pharmacies that it is the responsibility of the billing provider to ensure that submitted claims contain the National Provider Identifier (NPI) number of the physician or other professional who ordered, referred or prescribed the items or services. Additionally, all ordering, referring or prescribing providers must be enrolled as participating providers in Texas Medicaid as required. Be advised that claims will be denied if the NPI is missing or invalid and if the provider is not appropriately enrolled. These requirements impact not only the Medicaid program, but also Healthy Texas Women and Children with Special Health Care Needs Services programs only. These requirements do not apply to out-of-network providers that order, refer or prescribe only for managed care members.
Also in Texas…On Monday, April 2, the Health and Human Services Commission will enhance the restriction on the use of opioid cough and cold products for people enrolled in Medicaid fee-for-service and the Children with Special Health Care Needs Services Program to deny coverage of these products for people less than 18 years of age. A list of currently impacted drugs which is subject to change daily is available on the Vendor Drug Program website.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Virginia
HB 1556, legislation that will require pharmacies to report naloxone prescriptions to the prescription monitoring program has been signed by Gov. Ralph Northam (D) as Chapter 185. Specifically, the law amends the definition of “covered substances” to include naloxone and Schedule V controlled substances dispensed pursuant to a prescription and requires those drugs to be reported. The bill was an initiative of the Department of Health Professions (DHP) intended to allow practitioners to track whether patients are filling naloxone prescriptions when they are required under current prescribing guidelines. The bill requires that DHP promulgate regulations to implement.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Michigan
Gov. Rick Snyder (R) signed into law HB 4472 pertaining to the substitution of interchangeable biosimilars with various options for pharmacists to communicate the product dispensed to the prescriber effective Tuesday, May 29.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Missouri
On March 5, Gov. Eric Greitens (R) announced a new effort to address the opioid epidemic that includes enforcing physician compliance with the chronic pain treatment guidelines of the Centers for Disease Control and Prevention. The initiative directs the Department of Social Services MO HealthNet Division to work collaboratively with the Department of Mental Health and the Department of Health and Senior Services to accelerate the goals of the MO HealthNet Opioid Prescription Intervention Program, which has been in place since 2010.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Virginia
Legislation that will require pharmacies to report naloxone prescriptions to the prescription monitoring program has passed both chambers and been sent to Gov. Ralph Northam (D) for his signature. Specifically, SB 832 amends the definition of “covered substances” to include naloxone and Schedule V drugs dispensed pursuant to a prescription and requires those drugs to be reported. The bill was an initiative of the Department of Health Professions intended to allow practitioners to track whether patients are filling naloxone prescriptions when they are required under current prescribing guidelines.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Idaho
Gov. Butch Otter (R) signed HB 354 (Session Law Chapter 10) adding opioid antagonists to the list of drugs required to be reported electronically to the Board of Pharmacy’s Prescription Monitoring Program database. The reporting requirement takes effect Sunday, July 1.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Iowa
The Iowa Medicaid Enterprise (IME) mailed its 2018 cost of dispensing surveys to pharmacies this week with a deadline for response of Friday, March 30. The determined dispensing fee will take effect Wednesday, August 1. More information is available in the IME Informational Letter NO. 1875-MC-FFS.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Michigan
The Michigan Department of Health and Human Services (MDHHS) requirement that Managed Care Organization (MCO) typical providers be enrolled in CHAMPS by March 1, 2018, has been delayed. Additional communication will be issued when a date has been finalized. More information can be found on the Provider Enrollment web page.
Also in Michigan. NACDS attended the Michigan Pharmacists Association (MPA) Annual Convention in Detroit, where MPA honored State Reps. Henry (Hank) Vaupel (R), Scott Dianda (D), Abdullah Hammoud (D) and Bronna Kahle (R) for their contributions to supporting community pharmacy.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Washington
Engrossed Substitute – ESHB 1047 unanimously passed the Senate. Although it will have to go back to the House of Representatives for concurrence on a technical amendment made in the Senate, it is anticipated the bill will be signed into law by Gov. Jay Inslee (D), creating a statewide, voluntary, drug take-back program, funded by manufacturers. The bill includes local pre-emption and sunsets in 2029, if not reconfirmed by the state legislature.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Nebraska
Gov. Pete Ricketts (R) appointed Matthew Van Patton as Medicaid Director, filling a 10-month vacancy left by the outgoing Calder Lynch, who took a position with the Centers for Medicare and Medicaid Services. Dr. Van Patton previously served as President and CEO of Cadre Medical Technologies, a healthcare technology company, and also as Chief of Staff for U.S. Rep. Trey Gowdy (SC R-4). He has a doctoral degree in health administration from the Medical College of South Carolina.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Arizona
The House of Representatives passed HB 2633, removing certain requirements included in an opioid omnibus bill, enacted earlier this year. At the federal and state levels alike, NACDS is urging policies that would help address the opioid abuse epidemic, and NACDS also points out the burdens and unintended consequences that some new proposals would create, without helping to address the epidemic. Requirements removed by HB2633 include the following:
- Pharmacists are not required to verify with the prescriber when presented with an initial prescription for a Schedule II controlled substance that contains an opioid that is written for more than a five-day supply.
- Pharmacists are not required to verify with the prescriber a prescription order for a Schedule II controlled substance that contains an opioid that is written for more than 90 morphine milligram equivalents per day.
- Pharmacists are not required to verify with a medical practitioner or the Board of Pharmacy whether the medical practitioner has received a waiver for e-prescribing of Schedule II controlled substances that contain an opioid.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
California
The Board of Pharmacy announced its final regulations for pharmacists to furnish, without a prescription, naloxone, an antidote to reverse opioid overdose, became effective January 27, 2016. The San Francisco Department of Health has published a tri-fold brochuretitled “Opioid safety and how to use naloxone—A Guide for Patients and Caregivers”.
Also in California…On Friday, March 2, the Board of Pharmacy is offering pharmacists one hour of free continuing education credit on law and ethics by attending a live recording of a presentation on law and ethics at the California Department of Consumer Affairs—Building Two, 1747 N. Market Blvd., Room 186, in Sacramento.
Also in California…Reminder: Wednesday, February 28 is the deadline to file an attestation claim for the higher professional dispensing fee in the Medi-Cal fee-for-service program. The attestation period for both the 2016 and 2017 calendar years is open until February 28, 2018. Separate attestations must be submitted for each calendar year. The web portal will close at 12 a.m. on Thursday, March 1, 2018, and attestations will not be accepted after that time. The attestation for each calendar year reporting period will determine the professional dispensing fee component of the pharmacy claim reimbursement for claims with dates of service within the State’s following fiscal year. As an example, a 2017 calendar year claim volume attestation will determine the professional dispensing fee for claims within the State’s 2018—2019 fiscal year (dates of service of Sunday, July 1, 2018, through Sunday, June 30, 2019). For additional information, providers may refer to this background information regarding migration to cost-based reimbursement plus a professional dispensing fee or can refer to the Pharmacy Provider Self-Attestation FAQs or the Pharmacy Reimbursement Project webpage on the Department of Health Care Services website.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Colorado
With support from NACDS, the Colorado Retail Council’s chain drug committee hosted a legislative luncheon in the Capitol where chain pharmacists educated lawmakers on the business of pharmacy and our 2018 legislative agenda which includes mandatory e-prescribing legislation. This annual event has proven to be an excellent way to enhance the visibility of chain pharmacies in the Capitol.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Louisiana
On February 21, Gov. John Bel Edwards (D) convened a special fiscal session of the legislature to deal with an estimated $1 billion shortfall for its 2018-2019 budget beginning on Sunday, July 1, 2018.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Oklahoma
HB 2931, legislation that would mandate electronic prescribing introduced by Rep. Glen Mulready (R), is scheduled to be heard in the House Judiciary Committee on Wednesday, February 28.
Also in Oklahoma…NACDS sent the Board of Pharmacy a letter requesting that they establish a Technician Task Force stakeholder group to explore all issues related to enhancing the use of technicians in retail community pharmacies.
Also in Oklahoma…On February 13, chain and independent pharmacists and pharmacy students participated in the annual Oklahoma Pharmacists Association’s Day at the Capitol which NACDS supported. After a briefing by Sen. Rob Standridge (R) and others, the group walked the halls to educate lawmakers on mandatory e-prescribing and other pending legislation important to pharmacies.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Pennsylvania
Legislation what will allow pharmacists to provide emergency 30-day refills has been signed into law by Gov. Tom Wolf (D) as Act 8 of 2018. Specifically, Act 8 will allow pharmacist to provide a patient who is on a drug that is either essential to sustaining his life or to maintaining a consistent drug therapy, a 30-day refill without a prescription. Under current law, a pharmacist can only provide one refill of the prescription limited to a 72-hour supply. The act was effective upon signing.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Texas
The Health and Human Services announced that beginning February 12, they began coverage of mosquito repellents for the prevention of the Zika virus. The benefit will run continuously year-round.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Florida
Gov. Rick Scott (R) has declared the opioid epidemic a state of emergency in Florida (see Executive Order 17-146). In response to the opioid crisis, the Agency for Health Care Administration is implementing provisions under the Florida Medicaid program to assist in the prevention and treatment of substance use disorders. Florida Medicaid currently covers an array of behavioral health therapies and prescribed drugs to treat substance use disorders and does not limit the length of time recipients may receive treatment. You can find updated information on Medication-assisted treatment and additional changes related to prescribed drugs in the recent Provider Alert.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.